alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### WERTHEIMER v. INDEPENDENT ORDER FREE SONS OF JUDAH.

(Supreme Court, Appellate Division, First Department.

April 7, 1898.)

Interpleader—Life Insurance.

The constitution of a fraternal order provided for payment of $500 to the widow of a deceased member, with permission to the member to bequeath half thereof to his children. A member who had a wife, but no children, bequeathed half the death benefit to his sister. In an action by the widow to recover the $500, a motion for an interpleader on the ground of a claim by the sister was denied. *Held,*that as, under the constitution, the bequest to the sister was unauthorized, the motion was properly denied.

Appeal from special term.

Action by Sophie Wertheimer against the Independent Order Free Sons of Judah. From an order denying a motion for inter-pleader, defendant appeals. Affirmed.

Argued before VAN BRUNT, P. J., and BARRETT, RUMSEY,

McLaughlin, and patterson, jj.

*843Otto I. Wise, for appellant.

Leopold Moschoowitz, for respondent.

VAN BRUNT, P. J.

The defendant is a fraternal order, and one Edward Wertheimer was a member at the time of his death. The constitution of the defendant provides that upon the death of a member a sum of $500 shall be paid to the widow of the deceased member, but that the member may, by a designation in the manner and form prescribed by the constitution, bequeath the sum of $250 of his death benefit to his children. The deceased died, leaving a widow and no children. He also left a will, which has been duly admitted to probate, by which he bequeathed $250 of his death benefit to his sister, Annie Blee. The plaintiff, the widow of the deceased, having brought this action to recover $500, the amount of Edward Wertheimer’s death benefit, a motion for interpleader was made upon the ground that the said Annie Blee claimed $250 of this fund. This motion was denied, and from the order thereupon entered this appeal is taken.

In order that a motion for interpleader should be granted, it must be made to appear that the defendant runs some risk or hazard in paying the amount claimed by the plaintiff. In the case at bar no such risk or hazard is made to appear. The provisions of the defendant’s constitution preclude any one but the widow from participating in the death benefit, unless there are children to whom the assured may bequeath not over half of the amount of the policy. The deceased having left no children, the widow is absolutely entitled to the whole of the death benefit, and the claim attempted to be instituted by Annie Blee is clearly without any foundation.

The order was therefore rightfully denied, and should be affirmed, with $10 costs and disbursements. All concur.
**Exhibit 32.2****Certification of Periodic Report**     Pursuant to §906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1350, the undersigned officerof Renaissance Learning, Inc. (the “Company”), hereby certifies that, to the undersigned’sknowledge: (1) the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31,2006 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934; and (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.Dated: May 5, 2006            /s/ Mary T. Minch         Name: Mary T. Minch    Title: Vice President-Finance, Chief Financial Officer    and Secretary  THIS WRITTEN STATEMENT ACCOMPANIES THIS REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF2002 AND SHALL NOT BE DEEMED TO BE FILED BY THE COMPANY FOR PURPOSES OF THE SECURITIES EXCHANGE ACTOF 1934.
#### In the Matter of Anne M. Tibaldi, Respondent, v Herbert J. Otten, Appellant.

In a proceeding to modify an award of child support, the father appeals from an order of the Family Court, Suffolk County (Campbell, J.), entered March 13, 1984, which granted petitioner mother’s application for an increase in child support to be paid by the father to the extent of (1) increasing the sum for Michael Otten from $15 per week to $50 per week, (2) maintaining the sum for Denise Otten at $15 per week, (3) directing the father to pay $10 per week in arrears, for a total weekly payment of $75, retroactive to January 1, 1983, and (4) directing the father to pay one half of all of Denise Otten’s college tuition, room and board, supplies and equipment for the scholastic years 1983 to 1984, 1984 to 1985 and 1985 to 1986.

Order affirmed, without costs or disbursements.

Petitioner’s request in this proceeding was predicated on the children’s right to receive adequate support, and thus “it was not necessary to demonstrate an unanticipated and unreasonable change in circumstances to justify an increase” *(Matter of Michaels v Michaels,*56 NY2d 924, 926). A sufficient factual basis for the upward modification in the best interests of the children has been established *(Stevenson v Stevenson,*98 AD2d 718, 719).

Furthermore, upon review of the record, we find that petitioner has established “special circumstances” warranting the Family Court’s direction to the father to pay for one half of Denise’s college education *(Kaplan v Wallshein,*57 AD2d 828, 829; *Shapiro v Shapiro,*116 Misc 2d 40, 45). By complying with the order, the father will be paying his fair share of this mutual obligation *(Giuffrida v Giuffrida,*81 AD2d 905, 906). Thompson, J. P., Bracken, Weinstein and Niehoff, JJ., concur.
#### Freddy S. CAMPBELL, Plaintiff-Appellant, v. UNITED STATES of America; Carter County Detention Center; Randy Binion, Chief Jailer-Carter County Detention Center; John Perrine, Supervising Marshal-United States Marshals Service; Brenda Wilburn, R.N.-Carter County Detention Center, Defendants-Appellees.

No. 11-1261.

United States Court of Appeals, Fourth Circuit.

Submitted: July 28, 2011.

Decided: Aug. 1, 2011.

*168Freddy S. Campbell, Appellant Pro Se. Stephen Michael Horn, Assistant United States Attorney, Charleston, West Virginia, R. Stephen McGinnis, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Greenup, Kentucky, for Appellees.

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Freddy S. Campbell appeals the district court’s order dismissing his action brought pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680 (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Campbell v. United States,*No. 2:09-cv-00503, 2011 WL 322641 (S.D.W.Va., Jan. 31, 2011). We also deny Campbell’s motions to have Brenda Wilburn served by public notice and to introduce additional evidence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
Exhibit 32.1

Certification of the Chief Executive Officer

Pursuant to 18 U.S.C. § 1350

Pursuant to 18 U.S.C. § 1350, I, the undersigned Chief Executive Officer of Nicholas Financial, Inc. (the Company),
hereby certify that the Annual Report on Form 10-K of the Company for the fiscal year ended March 31, 2008 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and
that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ Peter L. VosotasPeter L. VosotasChief Executive OfficerJune 16, 2008
#### James Walton HAMMOND, Jr., Petitioner—Appellant, v. Theodis BECK; Robert Lee, Respondents—Appellees, and State of North Carolina, Respondent.

No. 08-7629.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2009.

Decided: Jan. 16, 2009.

James Walton Hammond, Jr., Appellant Pro Se. Mary Carla Hollis, Assistant Attorney General, Raleigh, North Carolina, for Appellees.

Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

PER CURIAM:

James Walton Hammond, Jr., seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. *See*28 U.S.C. § 2253(c)(1) (2000). A certificate of appeal-ability will not issue absent “a substantial *831showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *See Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Hammond has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
<PAGE>


                                  Exhibit 11.1
              Statement Regarding Computation of Per Share Earnings
                     TB Wood's Corporation and Subsidiaries

                                December 31, 1999
<TABLE>
<CAPTION>
<S>                                                       <C>          <C>          <C>
                                                         1999         1998        1997
 --------------------------------------------------------------------------------------

 Net income                                            $5,367       $7,890      $8,689

 Basic:
 Net income per common share                            $0.91        $1.34       $1.49

 Weighted average shares of common stock and
        equivalents outstanding                        $5,896       $5,874      $5,833

 Diluted:
 Net income per common share                            $0.91        $1.33       $1.47

 Weighted average shares of common stock and
        equivalents outstanding                        $5,910       $5,932      $5,921
</TABLE>
# C_2019082EN.01006902.xml

| 4.3.2019 | EN | Official Journal of the European Union | C 82/69 |
| --- | --- | --- | --- |

4.3.2019

EN

Official Journal of the European Union

C 82/69

---

Action brought on 23 January 2019 — Volkswagen v EUIPO (CROSS)

(Case T-42/19)

(2019/C 82/81)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: F. Thiering and L. Steidle, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for EU word mark CROSS — Application No 16 366 528

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 November 2018 in Case R 2500/2017-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision, in so far as it dismissed the applicant’s complaint, and allow registration of EU trade mark application No 163 66 528 for all of the goods and services; |
| --- | --- |

—

annul the contested decision, in so far as it dismissed the applicant’s complaint, and allow registration of EU trade mark application No 163 66 528 for all of the goods and services;

| — | alternatively, annul the contested decision, in so far as it dismissed the applicant’s complaint, and refer the case back to the First Board of Appeal of EUIPO; |
| --- | --- |

—

alternatively, annul the contested decision, in so far as it dismissed the applicant’s complaint, and refer the case back to the First Board of Appeal of EUIPO;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of the principle of equal treatment and breach of the obligation to state reasons. |
| --- | --- |

—

Infringement of the principle of equal treatment and breach of the obligation to state reasons.

---
Presidential Documents

36479 

Federal Register 

Vol. 86, No. 129 

Friday, July 9, 2021 

Title 3— 

The President 

Notice of July 7, 2021 

Continuation of the National Emergency With Respect to 

Hong Kong 

On July 14, 2020, by Executive Order 13936, the President declared a national 

emergency pursuant to the International Emergency Economic Powers Act 

(50 U.S.C. 1701 et seq.) to deal with the unusual and extraordinary threat 

to the national security, foreign policy, and economy of the United States 

constituted by the situation with respect to Hong Kong. 

The situation with respect to Hong Kong, including recent actions taken 

by the People’s Republic of China to fundamentally undermine Hong Kong’s 

autonomy, continues to pose an unusual and extraordinary threat to the 

national security, foreign policy, and economy of the United States. For 

this reason, the national emergency declared on July 14, 2020, must continue 

in effect beyond July 14, 2021. Therefore, in accordance with section 202(d) 

of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 

1 year the national emergency declared in Executive Order 13936 with 

respect to the situation in Hong Kong. 

This notice shall be published in the Federal Register and transmitted to 

the Congress. 

THE WHITE HOUSE, 

July 7, 2021. [FR Doc. 2021–14806 

Filed 7–8–21; 11:15 am] 

Billing code 3295–F1–P 


jbell on DSKJLSW7X2PROD with MEMO_FRBIDEN.EPS</GPH>
EXHIBIT 32.2


 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION
                      906 OF THE SARBANES-OXLEY ACT OF 2002


The undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the Sarbanes-Oxley Act of 2002, that this Annual
Report  on  Form 10-KSB for the year ended December 31, 2003 fully complies with
the  requirements  of  Section  13(a) or 15(d) of the Securities Exchange Act of
1934,  as amended, and the information contained in such report fairly presents,
in  all  material respects, the financial condition and results of operations of
West  Metro  Financial  Services,  Inc.


This 31st day of March, 2004.



                                  /s/ Nita Elliott
                                  ----------------------------
                                  Nita Elliott
                                  Chief Financial Officer


<PAGE>
##### 



EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and(2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date:  March 31, 2008
    /s/ Crit S. DeMentName:
    Crit S. DeMentTitle:
    Chief Executive Officer of the General Partner
<PAGE>

                        CERTIFICATION OF PERIODIC REPORT

I, Louis E. Prezeau, the Chief Executive Officer and President of City National
Bancshares Corporation (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)  the Quarterly Report on Form 10-Q of the Company for the quarter ended
     March 31, 2006 (the "Report") fully complies with the requirements of
     Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
     78m or 78o(d)); and

(2)  the information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company.

Dated: May 9, 2006


                                        /s/ Louis E. Prezeau
                                        ----------------------------------------
                                        Louis E. Prezeau
                                        Chief Executive Officer
                                        and President

                        CERTIFICATION OF PERIODIC REPORT

I, Edward R. Wright, the Chief Financial Officer and Senior Vice President of
City National Bancshares Corporation (the "Company"), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)  the Quarterly Report on Form 10-Q of the Company for the quarter ended
     March 31, 2006 (the "Report") fully complies with the requirements of
     Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
     78m or 78o(d)); and

(2)  the information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company.

Dated: May 9, 2006


                                        /s/ Edward R. Wright
                                        ----------------------------------------
                                        Edward R. Wright
                                        Chief Financial Officer
                                        and Senior Vice President


                                       18
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited interim consolidated financial statements of Rose Hills Company and
subsidiaries, for the nine months ended september 30, 1999 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           1,966
<SECURITIES>                                         0
<RECEIVABLES>                                   12,099
<ALLOWANCES>                                         0
<INVENTORY>                                      1,025
<CURRENT-ASSETS>                                22,494
<PP&E>                                          63,116
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 318,185
<CURRENT-LIABILITIES>                           15,474
<BONDS>                                         80,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     131,672
<TOTAL-LIABILITY-AND-EQUITY>                   318,185
<SALES>                                         63,803
<TOTAL-REVENUES>                                63,803
<CGS>                                           40,289
<TOTAL-COSTS>                                   40,289
<OTHER-EXPENSES>                                 5,107
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,840
<INCOME-PRETAX>                                  6,272
<INCOME-TAX>                                     2,892
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,381
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38330-38331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15407]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3251-000]


Cornell University; Notice of Authorization for Continued Project 
Operation

    On June 28, 2019, Cornell University, licensee for the Cornell 
University Hydroelectric Project No.3251, filed an Application for a 
Subsequent License pursuant to the Federal Power Act (FPA) and the 
Commission's regulations thereunder. The Cornell University 
Hydroelectric Project is located on Fall Creek within the Cornell 
University campus in the City of Ithaca, Tompkins County, New York.
    The license for Project No. 3251 was issued for a period ending 
June 30, 2021. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), 
requires the Commission, at the expiration of a license term, to issue 
from year-to-year an annual license to the then licensee(s) under the 
terms and conditions of the prior license until a new license is 
issued, or the project is otherwise disposed of as provided in section 
15 or any other applicable section of the FPA. If the project's prior 
license waived the applicability of section 15 of the FPA, then, based 
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), 
and as set forth at 18 CFR 16.21(a), if the licensee of such project 
has filed an application for a subsequent license, the licensee may 
continue to operate the project in accordance with the terms and 
conditions of the license after the minor or minor part license 
expires, until the Commission acts on its application. If the licensee 
of such a project has not filed an application for a subsequent 
license, then it may be required, pursuant to 18 CFR 16.21(b), to 
continue project operations until the Commission issues someone else a 
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is 
hereby given that an annual license for Project No. 3251 is issued to 
Cornell University for a period effective July 1, 2021 through June 30, 
2022 or until the issuance of a new license for the project or other 
disposition under the FPA, whichever comes first. If issuance of a new 
license (or other disposition) does not take place on or before June 
30, 2022, notice is hereby given that, pursuant to 18 CFR 16.18(c), an 
annual license under section 15(a)(1) of the FPA is renewed 
automatically without further order or

[[Page 38331]]

notice by the Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is 
hereby given that Cornell University is authorized to continue 
operation of the Cornell University Hydroelectric Project, until such 
time as the Commission acts on its application for a subsequent 
license.

    Dated: July 13, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-15407 Filed 7-19-21; 8:45 am]
BILLING CODE 6717-01-P